XXIV.

MORTGAGE of a CONTINGENT ESTATE in
FREEHOLDS, and of a POLICY of As-

SURANCE.

creation of

ment for

THIS INDENTURE, made &c., BETWEEN A. B., Parties. of &c. [mortgagor], of the one part, and C. D., of &c. [mortgagee], of the other part. WHEREAS Recital of &c. [recital of the creation of the contingent estate, estate; see recital, supra, p. 118]. AND WHEREAS the of agreesaid C. D. has agreed to lend the said A. B. the mortgage; sum of £, upon having the repayment of the same, with interest, as hereinafter mentioned, secured in manner hereinafter appearing. AND —of a policy WHEREAS, as part of the said intended security, having been the said A. B. hath effected an assurance in the

name of the said C. D. with the Society, by a policy numbered under the annual premium of £sum of £.

of assurance

effected.

Now Witnesseth.

to become payable if the said A. B. shall die in the lifetime of the said THIS INDENTURE WITNESSETH, that &c. [pay- Covenant to ment of, and receipt for consideration; and covenant to pay the principal and interest, supra, p. 136.]

pay.

further con

the estate.

AND THIS INDENTURE ALSO WIT- Witnesseth NESSETH, that, in further pursuance of the said veyance of agreement, and for the consideration aforesaid, he the said A. B. doth hereby grant and dispose

Habendum.

Proviso for redemption.

Trusts and covenants.

of (a) unto the said C. D. and his heirs ALL THAT
&c. [see the description of the parcels and general
words, and the estate clause, supra, p. 119], тO
HOLD the said premises UNTO the said C. D., his
heirs and assigns, TO THE USE of the said C. D.,
his heirs and assigns, subject to the estate for
life therein of the said
and to the event of
the estate and interest therein of the said A. B.
being defeated by his death in the lifetime of the
said : PROVIDED ALWAYS, that, if the said
A. B., his heirs, executors, administrators, or
assigns, shall pay to the said C. D., his execu-
tors, administrators, or assigns, the said sum of
with interest for the same in the mean-

£
time, at the rate of £-
the said

day of

per cent. per annum, on

next, without any de

duction or abatement whatsoever, then the said C. D., his heirs, executors, administrators, or assigns, will at any time thereafter, upon the request and at the cost of the said A. B., his heirs, executors, administrators, or assigns, re-convey the said premises (subject as aforesaid) unto the said A. B., his heirs, and assigns, and assign the aforesaid policy of assurance unto the said A. B., his executors, administrators, and assigns, or as he or they shall respectively direct, free from incumbrances by the said C. D., his heirs, executors, administrators, or assigns [trusts of the policy, supra, p. 174; covenant to pay interest if the prin

(a) See the words of sect. 6 of the new statute, supra, p.84.

cipal remain unpaid after the day appointed, supra, p. 138; covenants as to the policy, supra, pp. 177, 178; covenants for right to convey the land, and for further assurance of the land and policy,

see supra, pp. 120, 177]. AND IT IS HEREBY DE- Power of sale. CLARED, that, if default shall be made in payment

of the said sum of £.

or the interest thereon,

or any part thereof respectively, on the said

day of next, it shall be lawful for the said C. D., his executors, administrators, or assigns, at any time or times thereafter, without any further consent of the said A. B., his heirs, executors, administrators, or assigns, to sell the said premises herein before expressed to be hereby granted and disposed of, and the said existing policy, or any new policy to be effected as aforesaid, either together or separately, and as to the said premises hereinbefore expressed to be hereby granted and disposed of, either during the life of the said

-, or after

her death, and either with or without the concurrence of any other person or persons interested in the aforesaid hereditaments, and as to any such policy, either by way of surrender to the office by which the same has been or may be granted or otherwise, and as to all the said premises, either by public auction &c. [supra, pp. 164–166] (a). IN WITNESS &c.

(a) As the property is partly real and partly personal, the ultimate trust of the surplus had better be for the mortgagor, his executors, administrators, and assigns, as personal estate. See supra, p. 166.

Parties.

XXV.

TRANSFER of a MORTGAGE, the MORTGAGOR not being a PARTY.

THIS INDENTURE, made &c., BETWEEN A.B., of &c. [mortgagee], of the one part, and C. D., of Recital of old &c. [transferee], of the other part. WHEREAS &c. [recital of the mortgage, supra, p. 107]. AND WHEREAS the said sum of £

mortgage;

that prin

cipal and cer-
tain interest
is now owing;

-of agree

ment for transfer.

Witnesseth.

together with day of

for interest thereon from the last, is now owing to the said A. B. on the said security. AND WHEREAS the said C. D. has agreed to pay the said A. B. the said sums of £ and, making together the sum of £ -, upon having such transfer of the said mortgage-debt, and of the securities of the same, as is hereinafter contained, Now THIS INDenture WITNESSETH, that in pursuance of the said agreement, and in consideration of the sum of £- this day paid to the said A. B. by the said C. D., (the receipt whereof the said A. B. doth hereby acknowledge), he the said A. B. doth hereby assign unto the said C. D., his executors, Assignment administrators, and assigns, ALL THAT the said sum of £- [the principal] now owing to the said A. B. on the security aforesaid, and all interest now due, and henceforth to accrue due, for

Consideration.

Receipt.

of debt.

the same, AND the full entered into by the said said indenture of the

gage], and of all other

benefit of the covenants
[the mortgagor] in the
day of

[the mort

securities for the same

attorney.

premises, AND all the estate and interest of the said A. B. in the premises, and every part thereof, TOGETHER WITH power for the said C. D., his Power of executors, administrators, and assigns, to sue and give receipts for the said sum of £, and all interest due, and to accrue due, for the same, in the name or names of the said A. B., his executors, or administrators, TO HOLD the said premises Habendum. unto the said C. D., his executors, administrators, and assigns, absolutely. AND THIS INDENTURE Witnesseth. ALSO WITNESSETH, that, in further pursuance of the said agreement, and for the consideration afore

said

said, the said A. B. doth hereby grant unto the Conveyance. said C. D., his heirs and assigns, ALL THAT the Parcels. hereditaments and premises by the said indenture of the day of expressed to be released [or "appointed," or "appointed and released" &c., as the case may be], AND all the estate and interest of the said A. B. in the said premises, TO HOLD the said premises UNTO the said C. D., Habendum. his heirs and assigns, TO THE USE of the said C. D., his heirs and assigns, SUBJECT to the equity of redemption subsisitng therein under the said indenture of the day of [the mortgage], and with the benefit of the power of sale therein contained. AND THE SAID A. B. doth Covenant against inhereby, for himself, his heirs, executors, and admi- cumbrances.